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> GOVERNANCE - home > Employment protection legislation database - EPLex > Australia

Australia - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks:
  • See s530 FWA.

    Note that the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees (s534 FWA):
    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee who is dismissed because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
    (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
    (g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
    (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • s531(3) FWA

Notification to the public administration: Yes

Remarks:
  • s530 FWA: mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

Notification to workers' representatives: Yes

Remarks:
  • s531 (2) FWA: notification to each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • s531(3) FWA: The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
    (i) measures to avert or minimise the proposed dismissals; and
    (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.

Priority rules for re-employment: No